Oakland to punish cops in Occupy clashes

18 mistreated protesters, police's investigation says

Updated 11:08 pm, Friday, October 12, 2012

Oakland Police Chief Howard Jordan said Friday that he is seeking to fire two officers, demote a third and suspend 15 others for their treatment of Occupy Oakland protesters, whose downtown clashes with police drew worldwide attention.

Jordan also revealed that one of his officers - not an officer from an outside agency - fired a beanbag that critically injured Iraq war veteran Scott Olsen on Oct. 25, an incident that galvanized the Occupy movement. Olsen was one of more than 1,000 people who rallied after police cleared an elaborate encampment outside City Hall.

The internal investigations play a key role in the department's efforts to show it can police its own officers - the central issue in an impending court battle over whether the force will be placed under federal control.

Jordan said the investigations, which are not complete, as well as the department's evolution in crowd-control tactics during the past year, demonstrate it is capable of reform.

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While a majority of officers did well in controlling demonstrations that involved tens of thousands of people, he said, "There are a few officers who acted inappropriately. I have taken action to hold them accountable. In the end, I want our officers to exercise good constitutional policing."

Occupy activists said they were pleasantly surprised by the possible discipline of officers.

But the sanctions sought by Jordan were met with anger by the president of the police union, who said desperate city leaders are using rank-and-file officers as scapegoats. The officers are facing stiffer punishment than Occupy activists who "vandalized and destroyed downtown," said Barry Donelan, head of the union.

"Oakland is clearly focused on persecuting police officers and not in any way focused on prosecuting crime," said Donelan. "The hardworking officers who were deployed to deal with Occupy Oakland never asked for those circumstances, but clearly the city's lack of leadership and lack of planning put them in an untenable situation."

Major mistakes cited

In June, a city-commissioned consultant concluded that the Police Department had been insufficiently prepared on the night Olsen was wounded - and made pivotal mistakes - thanks to diminishing resources and a "failure to keep pace with national current standards."

City officials said state law bars them from naming officers facing discipline, and they declined to go into detail about what investigators had found that warranted the punishments.

Excessive force alleged

In general terms, Jordan and City Administrator Deanna Santana said many of the officers used excessive force in deploying beanbags and batons, failed to supervise subordinates and failed to activate chest-mounted cameras.

The 15 recommended suspensions are for up to 30 days, without pay.

The officers who face suspension have not yet been disciplined, and the two officers Jordan wants to fire are on paid leave. Each officer has a right to a pre-disciplinary hearing in front of a commanding officer who forwards recommendations to Jordan, who must weigh in again.

Jordan said a few cases - including the wounding of Olsen - were also the subject of criminal investigations that could lead to charges.

"Wow," Martel said. "That sounds like a meaningful action. It's not what I'm used to with these types of situations. ... It sounds like they've taken it seriously. That's gratifying."

Martel, who plans to sue the city, said he hadn't known definitively that an Oakland police officer had shot his client with the beanbag. Olsen, he said, had suffered severe brain damage and multiple skull fractures, requiring him to learn how to talk again.

In another incident widely viewed on YouTube, protester Scott Campbell was recording police when he was shot with a beanbag. Campbell, speaking from the Palestinian territories Friday, said he still has a "dent" in his leg.

"It encourages me to believe that the city and the OPD are willing to recognize that serious violations took place and that at least some officers will face consequences," he said.

Negotiating on settlement

Campbell said his lawyers have been in negotiations with the city on a settlement.

A majority of the 1,127 Occupy-related complaints against officers stemmed from three events: the street clashes of Oct. 25, the "general strike" on Nov. 2, and a rally on Jan. 28 in which activists tried to take over a vacant city convention center.

Under state law, officers must be disciplined within a year of an incident.

Jordan said he had already issued written reprimands to 23 officers and assigned three to counseling and training.

The investigations were handled by the Police Department's internal affairs division as well as five outside contractors whom the city collectively paid more than $700,000.

Reform efforts

Both the city's handling of Occupy protests and its effort to investigate complaints are seen as tests within a decadelong effort to carry out a number of reforms ordered by a federal judge.

Civil rights attorneys are asking a federal judge to place the department under receivership for failing to implement all of the reforms. A hearing is set for Dec. 13.

An independent monitor overseeing the reforms criticized Oakland police for using "military-type" tactics against Occupy activists. But Jordan said a lot has changed in the past year.

During demonstrations on May 1, officers swooped in on individual suspects instead of making mass arrests, kept their beanbag guns holstered and used tear gas sparingly.

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